No. The father must consent. The request for guardianship must be approved by the court and the court will notify the father. He will have the opportunity to object at the hearing and the court will render a decision that is in the best interest of the child.
No. The father must consent. The request for guardianship must be approved by the court and the court will notify the father. He will have the opportunity to object at the hearing and the court will render a decision that is in the best interest of the child.
No. The father must consent. The request for guardianship must be approved by the court and the court will notify the father. He will have the opportunity to object at the hearing and the court will render a decision that is in the best interest of the child.
No. The father must consent. The request for guardianship must be approved by the court and the court will notify the father. He will have the opportunity to object at the hearing and the court will render a decision that is in the best interest of the child.
No. The father must consent. The request for guardianship must be approved by the court and the court will notify the father. He will have the opportunity to object at the hearing and the court will render a decision that is in the best interest of the child.
Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.
The mother. If she dies, her parents get custody.
If you live in the US... The child having the father's last name has NOTHING to do with custody. If Dad is listed on the birth certificate as the father, then both parents have equal custodial rights until a court declares otherwise--you need a custody order. If Dad is not listed on the birth certificate, it will be a simple thing for him to petition the court to establish paternity and once that's done he can then petition for custody/visitation.
If the parents are unmarried, simply being the name on the birth certificate doesn't bestow any custody rights. An unmarried father must establish his paternity in court and arrange for a custody hearing if he wants custody. Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he signs the birth certificate he may still need to establish paternity through DNA testing. If he doesn't sign the birth certificate then he must establish his paternity through a DNA test. A paternity test can be arranged through the court. Once paternity has been established the father can request visitations, joint custody, full custody or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother. The court will schedule a hearing and issue an order that is in the best interest of the child.
the father gets the custody of the child if the mother dies
No, as he has no legal rights to the child even if he sign the certificate himself. You will need to file for custody. see links below.
yes he should do
The mother has legal custody from birth if never married. The father have to go to court to get his parental rights and prove paternity so he can seek visitation, custody and pay child support. The mother is in this case the one who decides what name the child will have since she is the guardian.If the custody is not with father, then after getting the custody , they may change the name.
If you were not married when the child arrived the legal custody lies with the mother. The father have to prove paternity in court before he can get his parental rights.
If you live in the US... The father's parents have no rights to custody at all. The father has the right to petition for custody, but he won't be given sole custody unless he can prove the mother unfit. He might, however, be given joint custody.
You don't say which of the parents that are incarcerated but their rights to the child comes first. If the father is not in the birth certificate and he has not established paternity to the court so he can petition for visitation or custody and also pay child support, there is nothing that legally says he is the father. Then the maternal grandmother would have a better chance. If the father is not in the birth certificate but he has established paternity to the court so he can petition for visitation or custody and also pay child support, the chance should be equal.
By default, the mother does. However, other custody arrangements can be made if the parents agree or if it is in the best interest of the child.An unmarried father must establish his paternity and arrange for a custody hearing if he wants custody. Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test. A paternity test can be arranged through the court. Once paternity has been established the father can request visitations, joint custody, full custody or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother.